Judgment of Panama Papers (2) - BY: Munir M. Hasan

During the last 24 hours I have been listening to various comments on Pakistani TVs of the anchors of the programs and of the learned commentators. Most of them have been calling this judgment as a 3 to 2 decision in favour of the Prime Minister.

To me, this judgment has two facets and each facet of the judgment has to be considered carefully and separately. These are:

Punishment on the charges of corruption, and
Qualification to Work as Prime Minister

Punishment on the corruption charges

This judgment could only be called 3 to 2 decision in favour of the Prime Minister if the two Honourable Judges had convicted him of the charges of corruption, as it has been done, and the other three Judges would have exonerated him. In fact the three judges have not acquitted him of the charges of corruption. The charges against him still stand. The three Honourable Judges still consider the Prime Minister as the accused and they have ordered to hold further investigation so that the verdict on the punishment for corruption (fine and jail, etc.) may be given. So, the decision on this aspect is pending.

Qualification to Work as Prime Minister

As mentioned above, the order of the three judges on the charges of corruption is pending, and mathematically it mounts to be called a “0” decision on the corruption charges. So, in the presence of a decision of two Honourable Judges convicting the Prime Minister of the corruption charges, and in the absence of the decision from other three Honourable judges, it is a 2 -0 decision on the disqualification of the Prime Minister, and technically the Prime Minister has been convicted on this aspect.

Next step is to file a case against the Prime Minister in the Election Commission of Pakistan for his disqualification under Articles 62 and 63 of the Constitution of Pakistan on the basis of 2-0 judgment against the Prime Minister.